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Layne A. Luburgh v. Matthew W. Luburgh

November 3, 2011

LAYNE A. LUBURGH NKA PALADINO, PLAINTIFF-APPELLANT,
v.
MATTHEW W. LUBURGH, DEFENDANT-APPELLEE.



Appeal from the Muskingum County Common Pleas Court, Domestic Relations Division, Case No. DA97-0262

The opinion of the court was delivered by: Hoffman, P.J.

Cite as Luburgh v. Luburgh,

CHARACTER OF PROCEEDING:

JUDGMENT:

DATE OF JUDGMENT ENTRY:

JUDGES: Hon. William B. Hoffman, P.J. Hon. Sheila G. Farmer, J. Hon. Julie A. Edwards, J.

OPINION

Affirmed

{¶1} Plaintiff-appellant Layne A. Luburgh, nka Paladino, appeals the March 23, 2011 Judgment Entry entered by the Muskingum County Court of Common Pleas, Domestic Relations Division, designating Defendant-appellee Matthew W. Luburgh residential parent and legal custodian of the parties' minor child.

STATEMENT OF THE CASE

{¶2} In 1998, the parties' marriage was terminated, and the trial court allocated parental rights and responsibilities for the parties' three minor children: P.L. - DOB 3/23/90; H.L. - DOB 2/5/1992; and S.L. - DOB 8/17/95, pursuant to a shared parenting.

{¶3} Following a contested hearing, the trial court terminated the shared parenting decree by Judgment Entry of April 7, 2005, designated Layne Luburgh ("Mother") as residential parent and legal custodian, and granted Matthew Luburgh ("Father") visitation. At the time, Mother was married to Kyle Paladino, with whom she shares one minor child, E.P.

{¶4} On March 1, 2008, Kyle Paladino allegedly committed an act of domestic violence against Mother. Mother subsequently filed for divorce shortly thereafter, and she and Paladino were divorced on October 20, 2008.

{¶5} S.L. attends school in the Tri-Valley School District, where Mother's home is located. Father's home is in another school district; however, Tri-Valley School District currently has open enrollment affording S.L. the opportunity to attend Tri-Valley regardless of whether he lives with Mother or Father.

{¶6} Father married his present spouse in 2007, and she has two minor children from a previous relationship.

{¶7} By informal agreement of the parties, the children have stayed with either party one-half the time since the spring of 2009.

{¶8} On July 16, 2009 Father moved the trial court to modify the allocations of parental rights and responsibilities for the parties' children.*fn1 On September 18, 2009, Mother moved the trial court to modify child support and the allocation of dependency exemptions.

{ΒΆ9} The matter came before the magistrate on January 11, 2010, upon Father's motion to modify the allocation of parental rights and responsibilities and Mother's motion to modify child support and allocate dependency exemptions. The magistrate ...


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